STATE OF INDIANA
EXECUTIVE DEPARTMENT
INDIANAPOLIS
FOR: GRANT OF CLEMENCY FOR JEROME MACLIN
TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS.
WHEREAS, JEROME MACLIN was convicted in 1978 in Lake Superior Court for the crime of Rape and Kidnapping and was sentenced to life. He is currently 70 years old and has been incarcerated for 45 years;
WHEREAS, The Warden of the Miami Correctional Facility, together with the concurrence of the Commissioner and Chief Medical Officer of the Indiana Department of Correction, have petitioned for a grant of clemency on behalf of Jerome Maclin;
WHEREAS, the petitioner, suffered a gunshot wound in 1985 which rendered him a paraplegic and since then, the petitioner also suffers from cognitive deficits and other comorbid conditions which has rendered him bedridden and subject to total care, meaning he requires 24-hour physical care and cannot bathe, dress or eat without assistance, requiring him to reside in the facility's infirmary;
WHEREAS, Petitioner Maclin will require 24-hour care for the remainder of his life and it is not probable that his medical condition will improve. The State will find a suitable long-term treatment facility willing to accept him;
WHEREAS, the Indiana Parole Board, after careful investigation, review and examination of the facts with respect to petitioner in this matter, has unanimously recommended the Governor issue a commutation of sentence to the petitioner; and
WHEREAS, pursuant to Article 5, Section 17 of the Constitution of the State of Indiana, the Governor is empowered to grant three (3) types of clemency:
° pardons – allowing a person to be absolved of guilt for a crime;
° commutations – reducing a penalty for a particular criminal offense without affecting the conviction; and
° reprieves – postponing or suspending of the imposition of a sentence or a portion of a sentence.
NOW, THEREFORE, I, Eric J. Holcomb, Governor of the State of Indiana, by virtue of the authority vested in me by the Indiana Constitution and the laws of our State, do hereby order that the original sentence be commuted by suspending the remainder of the executed portion of the sentence, conditioned on the following:
1. The petitioner, JEROME MACLIN, shall be subject to lifetime parole.
2. Following the approval of appropriate placement to a skilled nursing facility by the Department of Correction, the petitioner shall be released on parole according to statute, rules, and procedures established by the Indiana Parole Board and the Department of Correction's Parole Services Division to reside in such facility.
3. In the improbable event, the petitioner's condition improves to the extent petitioner becomes ambulatory, the original sentencing and commitment order of the trial court shall be reinstated, and the petitioner shall be returned to the custody of the Department of Correction to complete the balance of such term.
| |
| | IN TESTIMONY WHEREOF, I, Eric J. Holcomb, have hereunto set my hand and caused to be affixed the Great Seal of the State of Indiana, on this 9th day of February 2022. |
| | |
| | Eric J. Holcomb |
| | Governor of Indiana |
| |
| SEAL | |
| ATTEST: | Holli Sullivan |
| | Secretary of State |
Posted: 02/16/2022 by Legislative Services Agency
DIN: 20220216-IR-GOV220036EOA
Composed: May 10,2024 4:49:55AM EDT
A
PDF version of this document.
